Terms of Use

Terms of Use

Welcome to the Rieker.ca website (“Rieker.ca” or the “Site”) designed and operated by Rieker Shoe Canada Limited, 190 Millway Avenue, Unit 3 & 4, Concord, Ontario, L4K 3W4 (“Rieker”). By using this Site, you (or your parent or legal guardian if you are under 18) are agreeing to comply with and be bound by the following terms and conditions. Please review the following terms carefully. If you do not agree with any of the terms set forth in these terms, you are not authorized to use this Site. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Site, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue use of this Site.

PRIVACY AND PERSONAL INFORMATION

The protection of your information is important to us, particularly with regard to maintaining your right to privacy in connection with the processing and use of that information. We only collect information in a manner that complies with the provisions of applicable data protection laws and regulations.

Personal Information and Aggregate Non-Personal Information

“Personal Information” is information you provide us which personally identifies you, such as your name, email address, or other data which can be reasonably linked to such information by Rieker. Personal Information is different than Aggregate Non-Personal Information. “Aggregate Non-Personal Information” is information that is recorded about users and collected into groups so that it no longer reflects or references an individually identifiable user.

We do not intentionally collect any Personal Information from a visitor to the Rieker.ca site unless that visitor provides it. In addition, Rieker does not collect any Personal Information revealing political opinions, religious or philosophical beliefs, trade union membership, health, or sex life, unless such information is required to comply with applicable laws or regulations. If you are simply browsing the Rieker.ca site, we do not gather any Personal Information about you. As further described below, Rieker collects certain Aggregate Non-Personal Information to assist Rieker in improving the services offered through the Rieker.ca site or for any other reason, and Rieker may use or dispose of that information in any manner at Rieker’s sole discretion.

Automated data collection and processing via the browser

As with most websites, Rieker.ca automatically collects and temporarily stores the following information in server log files, which are transmitted by the browser, if you have not deactivated that function:

IP address of the requesting computer;

file request of the client;

the http response code;

the internet page from which you are visiting us (referrer URL);

the time of the server request;

browser type and version;

operating system used by the requesting computer.

In the vast majority of cases, no personal evaluation of the server log files occurs, nor do we typically associate the above data with specific individuals.

Collection and processing of voluntarily transmitted data

If you provide Personal Information to us, you agree that we are entitled to receive, store and use this information to manage our relationship with you, to process your queries and/or orders, for our own market or opinion research and for our own advertising via postal services and e-mail. We do not rent or sell our users’ Personal Information to third parties. We may, however, provide you with the opportunity to receive communications via email but will provide you with an opportunity to opt out of such communications.

Please note that we will never contact you via email to ask you for credit card information, bank account numbers or other financial information.

Forwarding your information to third parties

If you have communicated Personal Information to us, that information will generally not be forwarded to third parties. Such information will be forwarded only:

in the context of consent granted by you;

in the context of processing your queries, your orders and the use of our services to companies subcontracted by us, which will receive the required data and use them only for the specific purpose of performing this contract;

in the context of contract-related data processing to service providers in accordance with the applicable statutory regulations; or

in the context of fulfilling legal obligations to authorities entitled to receive such information.

Cookies

The website uses cookies. Cookies are small text files which are stored in the temporary memory of your browser. Cookies are primarily used for recognizing the Internet browser. Cookies are also used to control sessions and for statistical evaluation. If you voluntarily choose to log in to the website automatically, your login data (e-mail address and password) will be stored in an additional cookie on your computer. You can set your browser so that no cookies are stored on your hard drive and/or any cookies already temporarily stored are deleted. To do so, please follow the instructions provided in the help function of your browser relative to the blocking and deletion of cookies.

Rieker.ca uses Google Analytics, a web analysis service of Google, Inc. (“Google”). Like Rieker.ca, Google Analytics uses cookies and stores cookie information that may include your IP address, browser type and other information on Google servers. Google will use that information to evaluate your use of the website, to compile reports on website activities, and to furnish additional services to us in connection with your use of Rieker.ca and the Internet generally.

You can use the relevant setting in your browser software to prevent cookies from being stored; be advised, however, that not all of the functions of this website may be used in their entirety if you disable cookies. In order to prevent Google from recording the cookie-generated data relative to your use of the website (including your IP address) and to prevent Google from processing those data, you can download and install the browser plug-in from the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

This website also uses the Google Maps API to display geographic information. Data regarding the use of Google maps and the visitor of the website will be transferred to, processed by and used by Google. Your use of Google Maps on the Rieker.ca site is subject to Google’s terms and conditions which may be found here: https://www.google.com/help/terms_maps.html

Requesting your information

On request submitted in writing, we will be glad to inform you free of charge about any data relative to your person which we have received and stored in the context of our website. Please send your written request to Customer Service – Rieker Shoe Canada Limited, 190 Millway Avenue, Unit 3 & 4, Concord, Ontario, L4K 3W4

Storing your information

We treat Personal Information as an asset that must be protected, and use tools (passwords, physical security, etc.) to protect Personal Information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications. We will use commercially reasonable methods to keep Personal Information securely in our files and systems. Please note, that with current technology, we cannot guarantee the security of your data from all possible attacks or intrusions on our servers or guarantee the security of your data as it travels over the Internet. Thus, you hereby release Rieker, its Board of Directors, employees and their respective agents relating to any such possible attacks or intrusions that might compromise the security of your data.

Compliance with subpoenas or other legal disclosure obligations

Though we make every effort to preserve user privacy, we may need to disclose information we may have relating to you when we have a good-faith belief that such action is necessary to comply with applicable law or a current judicial or administrative proceeding, a court order or legal process. If we believes in accordance with the above, that we are required to disclose information we may have relating to you, we will notify you of the legal requirement to disclose your Personal Information (unless we are prohibited by law from doing so) to give you an opportunity to object to the disclosure. Neither Rieker, its Board of Directors, employees or their respective agents shall have any liability for disclosure of any information relating to you, if Rieker has a good faith belief that it is required by law to disclose such information.

INTELLECTUAL PROPERTY RIGHTS AND PUBLICITY

Rieker retains all rights, including Intellectual Property Rights as defined below, in the Site, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Rieker.ca site to you. Intellectual Property Rights means all intellectual property rights (in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights and moral rights; (b) rights associated with trademarks, service marks, trade names, logos and trade dress; (c) rights relating to trade secrets and confidential information; (d) rights relating to patents, know-how and related rights in inventions; and (d) rights analogous to those set forth in this definition in any other jurisdiction throughout the world and any and all other proprietary rights relating to intangible property.

You agree not use the Rieker name, or any trademark, trade device, service mark, symbol, or any abbreviation, contraction, or simulation thereof, owned by Rieker, nor the names of any officer, employees, or any adaptation thereof, in any advertising, promotional, or sales literature relating to your use of the Site without prior written consent obtained from an authorized officer of Rieker in each case.

You agree not to remove or modify any copyright or other intellectual property notices that appear on the Site or any content made available to you through the Site. You will not use the Site for resale, service bureau, time-sharing or other similar purposes.

PROHIBITED USER CONDUCT

You agree not to use any data, content, and any information provided or used on the Site, as well as your use of our Site, which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, RIEKER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSS, EVEN IF YOU OR ANOTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND YOU ACKNOWLEDGE AND AGREE THAT THE AGREEMENT TO MAKE THE SITE AVAILABLE TO YOU DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF THE RISK OF ANY OF YOUR DAMAGES, REGARDLESS OF WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL OR ANY OTHER DAMAGES WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE.

COPYRIGHT OR OTHER INTELLECTUAL PROPERTY CLAIMS

Rieker respects the intellectual property rights of others, and asks that everyone using the Rieker.ca site do the same. Anyone who believes that their work has been reproduced on the Rieker.ca site in a way that constitutes copyright infringement may notify Rieker in writing by providing the following information:

Identification of the copyrighted work you claim has been infringed;

Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Rieker.ca site so we can locate it;

Your address, telephone number, and, if available, e-mail address, so that we may contact you about your complaint; and

A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notices of copyright infringement or other intellectual property claims should be sent to Rieker in writing as follows:

If you believe any content made available in conjunction with the Site violates any trademark or other intellectual property rights you possess, you may use the contact for copyright violations above to bring that issue to our attention as well.

LINKS TO THIRD-PARTY SITES

The Site contains hyperlinks to other web sites operated by other parties which are beyond Rieker’s control, including the links to our online retailers which are operated by other entities. If you click on an external link within the Rieker.ca site, the click will take you off the Rieker.ca site. Rieker does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Rieker does not assume any liability for the actions, product, and content of all of these and any other third parties. Rieker makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the Rieker.ca site, the site you are redirected to is not controlled by Rieker and different terms of use and privacy statements may apply. Rieker also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit or construe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms and conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof.

Rieker makes no representation that materials on this Site are appropriate or available for use in all locations, and accessing them from territories where their contents are illegal is prohibited. If the law of your nation, state or territory do not permit your participation in or use of this Site, then you are responsible for complying with such laws and you agree to indemnify Rieker against any action you undertake to use the Rieker.ca website.

CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms, and other rules or guidelines which appear on Rieker.ca at any time for any reason. Any such change, modification or alteration is effective upon posting on the Site without further notice to you. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.